Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
MVP Enter v Frost

MVP Enter v Frost

Ratings: (0)|Views: 7|Likes:
Published by propertyintangible

More info:

Published by: propertyintangible on Nov 13, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/04/2012

pdf

text

original

 
Filed 11/7/2012
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIASECOND APPELLATE DISTRICTDIVISION EIGHTMVP ENTERTAINMENT, INC.,Plaintiff and Appellant,v.MARK FROST et al.,Defendants and Respondents.B235100(Los Angeles CountySuper. Ct. No. SC107778)APPEAL from a judgment of the Superior Court of Los Angeles County.Richard A. Stone, Judge. Affirmed.Lavely & Singer, Martin D. Singer and Henry L. Self III for Plaintiff andAppellant.Kinsella Weitzman Iser Kump & Aldisert, Dale F. Kinsella and Jonathan P.Steinsapir for Defendants and Respondents.
 
 2Title 17 United States Code section 204(a) (section 204) of the Copyright Act
 provides: “A transfer of copyright owners
hip, other than by operation of law, is not validunless an instrument of conveyance, or a note or memorandum of the transfer, is in
writing and signed by the owner of the rights conveyed or such owner‟s duly authorizedagent.” We affirm the entry of summ
ary judgment against appellant MVP Entertainment,Inc. (MVP), because it failed to raise a triable issue of material fact that it had a validtransfer of copyright under section 204. No evidence showed that the purported transferwas signed by respondents
Mark Frost‟s and Good Comma Ink‟s duly authorized agent,evidence of which was essential to each of appellant‟s causes of action.
FACTS AND PROCEDURE
Frost wrote The Match: The Day the Game of Golf Changed Forever (2007) (TheMatch). The copyright for The Match is assigned to Good Comma Ink, of which Frost isthe sole owner. MVP and its president, Robert Frederick, sought to obtain rights to makea movie based on The Match.
In late 2008 and early 2009, the parties‟ attorneys – 
Alan Wertheimer and WilliamJacobson
 – 
 
corresponded about MVP‟s potential purchase of the copyright for The
Match. On April 30, 2009, Jacobson, on behalf of MVP, sent Wertheimer an email
 proposing certain terms and stating, “Let me know if this is okay and we‟ll send
paperwo
rk . . . .” Wertheimer responded, “done . . . thanks! Werth.”
On May 19, 2009, Jacobson sent Wertheimer an agreement. On July 23, 2009,Frederick wrote Jacobson, stating he would like to have the agreement signed byAugust 17 or 18. No formal agreement was signed.In the summer of 2009, Frost met with Frederick and shortly afterwards toldFrederick he did not want MVP to make The Match
 
into a movie. That spawned thislawsuit for breach of contract, promissory estoppel, declaratory relief, and negligent
misrepresentation. MVP‟s overarching claim was that the parties entered a contract or 
promised MVP they would enter into a contract to allow MVP to make a movie of The
Match. According to MVP, Wertheimer‟s email stating “done . . . thanks! Werth” was
signed by Wertheimer and created a binding contract.
 
 3Respondents moved for summary judgment. In his declaration in support of summary judgment, Wertheimer averred that he was responsible for negotiating deals forFrost regarding literary works b
ut never signed contracts on Frost‟s behalf. Wertheimer 
stated that neither Frost nor Good Comma Ink authorized him to transfer any rights in
their intellectual property, including in The Match. Wertheimer‟s email stating “done . . .thanks” was not intended to convey any of Frost‟s rights. The email “was intended tosimply note that the parties were in accord on the broad economic terms of a deal.”Wertheimer averred that he did not intend his typed nickname “Werth” to constitute a
signature or to bind himself or Frost to anything.In his declaration in support of summary judgment, Frost averred that Wertheimernegotiated deals but never signed contracts on his behalf. Frost further averred that henever gave Wertheimer authority to transfer any rights in his intellectual propertyincluding The Match. Frost met with Frederick in the summer of 2009 and concludedthat MVP was not the right entity to make The Match into a movie and advised Frederick of the same.In a declaration in opposition to summary judgment, Jacobson averred that he is atransactional attorney and negotiated with Wertheimer about making a movie of The
Match. Jacobson believed that Wertheimer‟s email “done . . . thanks” created a bindingcontract. Wertheimer led him to “reasonably believe” that Wertheimer was respondents‟“duly authorized agent” as defined in Labor Code section
1700.4, subdivision (a) (but not17 U.S.C. § 204).
1
According to Jacobson, transactional attorneys routinely entered intoagreements on behalf of their clients.
1
 
Labor Code section 1700.4, subdivision (a) provides: “„Talent agency‟ means a
person or corporation who engages in the occupation of procuring, offering, promising,or attempting to procure employment or engagements for an artist or artists, except thatthe activities of procuring, offering, or promising to procure recording contracts for anartist or artists shall not of itself subject a person or corporation to regulation andlicensing under this chapter. Talent agencies may, in addition, counsel or direct artists in
the development of their professional careers.”
 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->